In a brief decision issued today, the United States Court of Appeals for the Sixth Circuit declined to interfere with an order that requires a Richland County Common Pleas judge to remove a poster of the Ten Commandments hung in his courtroom.
On June 11, 2002, United States District Judge Kathleen O’Malley declared the display unconstitutional, and ordered that it be immediately removed. Richland County Common Pleas Judge James DeWeese had hung the poster in July 2000, on the wall of Richland County Courtroom One in Mansfield.
Judge DeWeese did not immediately remove the poster, but sought a stay from Judge O’Malley, allowing it to remain up during his appeal. On June 14, 2002, Judge O’Malley denied his request, and DeWeese filed a Motion for an Emergency Stay with the federal appeals court in Cincinnati.
The issue was briefed in a twenty-four hour period early this week. This morning, the Sixth Circuit declined to issue a stay interfering with Judge O’Malley’s injunction.